In Franco v. Berger, 2026 N.Y. Slip Op. 05472 (1st Dept. Sept. 29, 2026), the plaintiff sought to recover for the death of Coco, a 3.8-pound Yorkshire Terrier who allegedly underwent a dental procedure only after defendants made specific representations concerning who would perform the surgery, who would administer anesthesia, and the safety precautions that would be employed.

In today’s Fraud Notes, we examine two cases involving principles familiar to readers of this Blog: the duplication doctrine and the requirement that plaintiffs plead sufficient facts to satisfy each element of a fraud claim.